Study Of The German General Terms Of The Transaction

The guiding ideology of this writing, is trading through the introduction of the general provisions of German legislation, to provide the reference to comparative law, and the integrated use of methods of legal interpretation in order to achieve a new understanding for China's "Contract Law" 39 purposes.Paper describes the German law on the relevant provisions of the general terms of the transaction, select the specific object of the standard is described, and China's "Contract Law" 39 of the correlation, the higher the correlation, the more detailed description; content, focusing on German law with research and judicial decisions to interpret the general provisions of the specific meaning of terms of the transaction. This section focuses on the German law the concept of the general terms of the transaction, the general terms of trade rules into the contract, the general terms of the transaction and the overall control of the content is not included in the general terms of the transaction or the legal consequences of an invalid four aspects.China's "Contract Law" 39 There are two major issues, namely, the first paragraph of the article only describes the premise of legal norms, not to determine the legal consequences; second, and 40 which there can not be reconciled, at least in the use of literally conflict. That these two issues, this paper literal interpretation, systematic interpretation, reasoning and interpretation of legal interpretation method, and the Supreme People's "Contract Law" interpretation (b) "the relevant provisions of the" Contract Law "39 2 4 parts of the content in the stripping on the basis of cocoon silk pumping, so that the existing law on which the contents of the context of the greatest degree of interpretation and description.Concluded that 39 of the first part of paragraph 1 is the control of the format provides for the principle terms, the second half from a formal point of view, equivalent to the standard terms into the contract rules, under the existing law, the legal consequences of violations of two parts is, the format could be argued that revocation of the terms related to the relative side of style. The existence of 39 and 40 of the literal meaning of the conflict, through judicial interpretation of contract law is not only not been resolved Second, anti further been refined and strengthened.